š✰ 2025-02-26 04:33 p.m.@Toby We object for the following and move to suppress State's Exhibit A:
Within Local Rules: District for Clark County Rule 8(2), exhibits must "include links exclusively from Medal, YouTube, or Streamable. Videos from other platforms or inaccessible links will not be accepted". Alongside, Chief Judge AlbertWellesley of the Mayflower District Court stated as of January 23th, 2025 at 2:31 pm EST, that "The court has agreed to adopt into its local rules, that only three websites hosting a video or clip may be used in a probable cause affidavit. These are: YOUTUBE, MEDAL and STREAMABLE. No other website is permitted. We will not also permit any link that cannot be accessed by the judges (they must be public or made accessible to select users by way of link sharing). The rule is due to take effect today".
Mayfl. R. Evid. 11(2) requires that "[a]ll documents, data, records, videos, photographs or other recordings to be used by any party must be authenticated, such that they are proven to be genuine in its content". State's Exhibit A shows a video (which requires to be downloaded) of a roblox screen, with no username present. Upon joining Clark County, Mayflower, everyone's username is present at the top right of the screen. There's no way the Defense, yet alone this court can identify who's recording this clip. The witness can testify all they want that it's their video, but there is no legitimate proof that proves this is the witness's video. No username is present to show who's recording.
To add to Mayfl. R. Evid. 11(2), the State only asked if the video is accurate. Not if the witness owned the video, or was visibly present within the video.